Homeowner receives entire commission as price reductionShare commission with homeowner (50% affiliate, 50% homeowner)Affiliate receives entire commission
By clicking "I agree to the Affiliate Agreement” below, and thereby entering into this Affiliate Agreement ("Agreement”) with EasyTaxFix.com, You acknowledge the accuracy of all of the matters stated in Section I., below, and You agree to abide by all of the terms and conditions set forth in Section II., below. As used in this Agreement, the terms "You” and "Your” and "Affiliate” mean and refer to the natural person who enters into this Agreement by clicking "AGREED AND ACCEPTED” below, together with any legal entity, organization, or association such person represents or on whose behalf such person enters into this Agreement. I. RECITALS. A. ETF operates a commercial website (the "Site”), the address of which is http://www.easytaxfix.com/ (the "Address”), that helps California taxpayers evaluate whether property they own may be eligible for a reduced property tax assessment and whether they may be entitled to a property tax refund, and supplies data regarding potential comparable sales and other materials to assist eligible taxpayers in applying for such tax relief (collectively, the "Services”). B. Affiliate is a natural person at least 18 years old or a legal entity, organization, or association that is composed of, represents, or otherwise serves the needs or interests of homeowners and taxpayers in California who may be eligible for a reduced property tax assessment or eligible for a property tax refund. C. Affiliate desires a non-exclusive license to reproduce and use the name EasyTaxFix.com, the Address, and ETF’s logo (the "Logo”) (collectively, the "ETF Marks”), solely for the benefit of Affiliate and its constituency and for no other reason or purpose whatsoever, and ETF is willing to grant such a non-exclusive license to Affiliate, subject to the terms and conditions set forth in this Agreement. II. AGREEMENTS. In consideration of the mutual exchange of promises in this Agreement, Affiliate agrees: 1. License. Subject to the covenants, terms, and conditions set forth in this Agreement, ETF hereby grants You an immediately effective, revocable, non-exclusive license (the "License”) to reproduce, display, and otherwise use the ETF Marks, whether in image form obtained by Affiliate from ETF’s website, in text form, as a clickable button or link within a web page, or otherwise, provided that: a. Affiliate shall not reproduce, use, or display any of the ETF Marks in any place or manner that would tend to damage or diminish the goodwill, reputation, or integrity of ETF, the Services, or the ETF Marks; b. Any button or link that uses any ETF Mark to redirect a user to another webpage shall redirect the user only to the ETF Site; and c. Affiliate hereby agrees to protect, defend, and hold harmless ETF from and against any claims, actions, causes of action, damages, costs (including reasonable attoneys’ fees), liabilities, lawsuits, complaints, cross-complaints, counterclaims, and expenses of every kind and nature whatsoever, known or unknown, expected or unexpected, arising from or related to the License, the ETF Marks, and any use of the Services involving or associated with Affiliate’s Access Code (as defined below). 2. Access Codes; Referral Credits. a. After reviewing Your request for a License and verifying Your acceptance of this Agreement, and provided that ETF grants the requested License and accepts You and the entity, organization, or association You represent as an ETF affiliate, ETF will assign Affiliate an Access Code. Affiliate may share its Access Code with members, clients, and others for their use if they elect to use the Services. b. You will receive Referral Credit for every visitor to the Site who accepts the Terms of Use and authorizes ETF to collect payment for the visitor’s use of the Services; provided, however, that no Referral Credit will be given until payment is actually received by ETF and any Referral Credit given will be subject to rescission in the event the corresponding payment is refunded or otherwise returned to the user. c. Each Referral Credit is worth $10.00. You may elect to retain 100% of the Referral Credits awarded to Affiliate; You may allocate 100% of Referral Credits for the benefit of users who submit Affiliate’s Access Code, in the form of a direct discount off the price of the Services to be taken at the time payment is collected; or You may allocate a portion of each Referral Credit to such users as a direct discount and retain the balance. Payments are made on the 20th day of each calendar month following a calendar month in which the value of Affiliate’s retained Referral Credits total $50.00 or more. Your right to payment of the value of Referral Credits accumulated will not vest, nor shall any payment of commissions to You be due or payable, until at least $50.00 has accrued to Your account. d. Referral Credits and their value do not accrue interest. In the event any payment for Services associated with Your Access Code is refunded or otherwise returned to a user, and Your account balance does not have sufficient funds to permit ETF to rescind the associated Referral Credit, the rescinded Referral Credit will be deducted from Your future Referral Credits. 3. Use Restrictions. a. The ETF Marks may not be placed, displayed, included, incorporated, or otherwise used on any website or in any e-mail, document, or other printed or graphical material that contains or constitutes SPAM, adult, obscene, or pornographic material, threats, hate speech, or other objectionable or offensive matter or content, in ETF’s sole and absolute judgment and discretion. b. As an affiliate, You can only have one account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate accounts are strictly prohibited. c. Your physical address listed for receiving payments MUST be Your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if You choose USA as Your country, You must be in the USA d. Any violation of these use restrictions, or this Agreement, shall be grounds for immediate and permanent termination of Your account and forfeiture of all Reward Credits and the value thereof. 4. Termination or Abandonment of Accounts. We reserve the right at any time upon 24 hours notice to terminate any Affiliate account for any lawful reason whatsoever; provided, however, that any accumulated Reward Credits in a terminated account shall be paid to Affiliate. We reserve the right at any time with or without notice to deactivate and/or remove from our system any Affiliate account that is inactive for any period longer than thirty (30) days (an "abandoned affiliate account”). If an abandoned affiliate account has a balance of $25 or less, then ETF shall be entitled to charge the full amount of the account balance as a fee for deactivating or removing the account. If an abandoned affiliate account has a balance of between $25 and $150, a $25 fee will be assessed on the first day of each calendar month, until the account balance is equal to zero dollars, whereupon it will be deactivated and/or closed. At no time will an affiliate ever owe monies to ETF based on fees; the account will simply be closed. 5. No Offer by ETF. This Agreement is a not an offer by ETF to provide, or an invitation to Affiliate or any third party to use, the Services. Any offer to provide the Services is made exclusively by the Site and the Services cannot be used through any means other than the Site. Further, ETF does not make and does not authorize Affiliate or any other person, on any website operated, used, or maintained by or on behalf of Affiliate, or in any document or other material prepared or distributed by or on behalf of Affiliate, to make on ETF’s behalf any offer by ETF to provide the Services. 6. No Control by ETF. Except for the specific use restrictions set forth in this Agreement, ETF is not responsible for and does not and shall not have any input in or influence or control over the time, place, or manner in which Affiliate will use the ETF Marks, the text, graphics, or other content that may accompany such use, or the persons, places, or methods to and by which the ETF Marks or any media or materials that may contain or include them, and ETF neither sponsors nor endorses any such use, media, or materials. 7. Compliance by Affiliate. You agree to abide by and comply fully and in all respects with all applicable statutes, codes, laws, ordinances, rules, regulations, and other controlling sources of law and legal authority in Your operations and in any use of the ETF Materials, including without limitation California Business and Professions Code section 17537.9. 8. Amendments; Changes to Services. ETF reserves the right from time to time in its sole and absolute discretion to change, modify, or amend this Agreement or the Services in any respect whatsoever. ETF will endeavor to give You at least seven (7) days prior notice by e-mail of any material change to the Agreement or the Services, but such notice is not promised or guaranteed. It shall be Your responsibility alone to review this Agreement on a regular basis to determine if ETF has made any changes to this Agreement. If you object to any such changes, Your sole remedy shall be to cancel this Agreement and the License granted herein, whereupon You shall be obligated immediately to discontinue using and to remove completely the ETF Marks. It shall be conclusively presumed that You or any person who accesses or uses the Site through or based on information provided by You or using Your Access Code after any change is made to this Agreement agrees to and accepts such changes and accesses or uses the Site subject to them. 9. Miscellaneous Terms and Conditions. a. Except as otherwise provided in this Agreement, all of the Terms of Use and other terms and conditions described at the Site regarding access to and use of the Site and the Services shall apply to this Agreement and use of the Site or the Services by You or any person who uses the Site or Services through or based on information provided by You. b. ETF is not a governmental entity and is not affiliated with any governmental entity. Any resemblance or similarity between ETF, the ETF Marks, its promotional and marketing materials, or the Services, and the name, seal, emblem, or similar symbol, appearance or attributes of any governmental entity, publications, communications, Web site, or services is unintentional and completely coincidental. c. No fee is required by any County in California to file or process an assessment appeal application or any resulting reduction of a property's value or applicable tax. The low fee charged to users by ETF is solely for the Services provided to assist Site users to prepare an assessment appeal application supported by comparable sales data and no portion of the fee we collect will be paid to County authorities on behalf of any Site user. d. The Services, the Site and all of its content, and the ETF Marks are the property of ETF and are subject to the intellectual property rights of ETF and its licensors. © 2008 EasyTaxFix.com. All rights reserved. e. This Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Diego County, California for any and all disputes, claims and actions arising from or in connection with this Agreement, the Site, or the Services. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses f. If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. ETF may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign this Agreement, or assign, transfer or sublicense Your rights, if any, in the Services. ETF’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein or elsewhere in connection with the Services, this Agreement constitutes the entire agreement between You and ETF with respect to the Services and supersedes all prior or contemporaneous communications of any kind between You and ETF with respect to the Services. g. As a condition to becoming an ETF affiliate, You will provide ETF with a valid e-mail address through which ETF may communicate with you. ETF reserves the right to send e-mail to You for the purpose (but without any obligation) of informing You of changes to the Services or this Agreement and any related products or services, including new programs developed by ETF or related companies. h. All statistics collected and calculated by Easytaxfix.com, will be the only valid stats used for determining Reward Credits due to Affiliate, if any.
I agree to the Affiliate Agreement